antecedent basis. Patents. A general word or phrase in a patent claim or description to which a later specific word or phrase must refer. • Claims will be rejected as impermissibly vague or indefinite if the latter word is not clearly connected to its antecedent because the wording becomes ambiguous. In general, a term is […]
Ashwander rules. A set of principles outlining the U.S. Supreme Court’s policy of deciding constitutional questions only when necessary, and of avoiding a constitutional question if the case can be decided on the basis of another issue. • These rules were outlined in Justice Brandeis’s concurring opinion in Ashwander v. Tennessee Valley Authority, 297 U.S.
quod permittat prosternere (kwod p[schwa]r-mit-it proh-st[schwa]r-n[ schwa]-ree), n. [Law Latin “that he permit to abate”] Hist. A writ to abate a nuisance, similar in nature to a petition of right. • This writ was abolished by the Real Property Limitation Act of 1833. “This is a writ commanding the defendant to permit the plaintiff to
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dedi (dee-dI). [Latin] Hist. I have given. • Dedi is a conveyancing term that implies a warranty of title. Cf. CONCESSI. “Dedi is a warranty in law to the feoffee and his heirs: as if it be said in a feoffment A. B. hath given and granted, & c. it is a warranty.” Termes de
shaken-baby syndrome. The medical condition of a child who has suffered forceful shaking, with resulting brain injury. • Common injuries in shaken-baby syndrome include retinal hemorrhage and subdural and subarachnoid hemorrhage, with minimal or no signs of external cranial trauma. Many victims of shaken-baby syndrome are permanently blind or die. Shaken-baby syndrome is one of
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race-notice statute. A recording law providing that the person who records first, without notice of prior unrecorded claims, has priority. • About half the states have race-notice statutes. — Also termed race-notice act; notice-race statute. Cf. RACE STATUTE; NOTICE STATUTE. [Cases: Vendor and Purchaser 231(11). C.J.S. Vendor and Purchaser § 502.]
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rule of the shorter term. Copyright. A provision of the Universal Copyright Convention stating that no member country is required to extend a longer term of protection than the work receives in the country where it is first published. — Also termed shorter-term rule.
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tail, n. The limitation of an estate so that it can be inherited only by the fee owner’s issue or class of issue. See FEE TAIL; ENTAIL. — Also termed (in Scots law) tailzie (tay-lee). [Cases: Descent and Distribution 29; Estates in Property 12; Wills 604. C.J.S. Estates §§ 22–27; Wills § 1258.] several tail.
junior party. Patents. In an interference proceeding, the party or parties who did not file the patent application first. • A junior party has the burden of proving that he or she is the first inventor. Cf. SENIOR PARTY. [Cases: Patents 106(1). C.J.S. Patents §§ 159–162, 165.]
nonae et decimae (noh-nee et des-[schwa]-mee), n. pl.[Law Latin “ninths and tenths”] Hist. Two payments that church-farm tenants make to the church, the first being rent for the land and the second being a tithe.